Act of Sederunt (Rules of the Court of Session 1994) 1994 No. 1443 (S. 69)

SCHEDULE 2 THE RULES OF THE COURT OF SESSION 1994

Initiation and progress of proceedings

CHAPTER 20 DECREES BY DEFAULT

Decrees where party in default

20.1.—(1) Without prejudice to the power of the court to grant decree by default in other circumstances, where a party fails to attend before the Lord Ordinary on the calling of a cause–

(a) on the By Order Roll,

(b) on the Procedure Roll,

(c) for a proof, or

(d) for jury trial,

that party shall be in default.

(2) Where a pursuer is in default under paragraph (1)(a), (c) or (d), the court may grant decree by default against him with expenses.

(3) Where a pursuer is in default under paragraph (1)(b), the court may grant decree of dismissal with expenses.

(4) Where a defender is in default under paragraph (1), the court may grant decree by default against him with expenses.

(5) Where a third party is in default under paragraph (1), the court may grant decree by default against him with expenses or make such finding or order as it thinks fit.